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Why You Should Attend
Keep abreast of the current developments in restructuring, bankruptcy and reorganizations at this advanced conference, where a remarkable faculty of bankruptcy judges and leading practitioners will provide you with a thorough review and analysis of hot topics, recent decisions and strategies for dealing with cases in diverse industries, including energy and health care. They will also cover implications of Supreme Court decisions on jurisdiction and in Jevic. The faculty will review recent cases and trends that affect your practice on behalf of debtors, vendors, bondholders, lenders, diverse groups of creditors, hedge funds, committees, labor, and parties to executory contracts, structured finance deals, sales and other transactions. There will be special focus on valuation, gifting, and structured dismissals. Equip yourself with strategies, litigation tactics, and mediation and negotiation skills you can use daily.
What You Will Learn
• Mediation best practices; arbitration and bankruptcy conflicts
• Structured and complex finance developments; §§ 555-562
• Corporate governance and the powers and duties of DIPs and of their boards; SPEs; D&O liability, insurance and damage issues — deepening insolvency; privilege issues
• Controversies on sales of assets free and clear (§§ 363 and 1129) and bid procedures and protections
• New developments regarding unsecured and secured claims and types of interest, make-whole premiums, Momentive, fee allowance, and labor, WARN, and pension issues and claims
• Fraudulent conveyances, troubled LBOs and safe harbors and conduits; § 546(e), “good faith,” valuation issues; in pari delicto and Ponzi issues and defenses — Tribune, Lyondell, Madoff, and ATP Oil developments
• Executory contracts, leases, oil and gas contracts, and IP transactional issues — § 365(n), structuring, assumption, rejection and “ride-through”; Sunbeam; drafting for success
• Enforcing intercreditor agreements, subordination, voting, distribution and litigation issues (Momentive)
• International and cross-border insolvencies, inbound and outbound
Earn one hour of Ethics credit
Who Should Attend
This program is designed for a wide range of restructuring, bankruptcy, reorganization and other transactional practitioners, litigators, in-house counsel and financial advisers who are involved in restructurings and insolvency cases. A basic knowledge of defaults, the Bankruptcy Code, rules and procedures is necessary. The program will help transactional, litigation, and IP lawyers prepare for and deal with defaults, restructurings, and sales of distressed assets, and experienced lawyers will benefit greatly.
Program Level: Update
Intended Audience: This program is designed for a wide range of restructuring, bankruptcy, reorganization and other transactional practitioners, litigators, in-house counsel and financial advisers who are involved in restructurings and insolvency cases.
Prerequisites: A background in restructurings and insolvency cases, and a basic knowledge of defaults, the Bankruptcy Code, rules and procedures.
Advanced Preparation: None